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HomeMy WebLinkAbout7/23/2013 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 23 2013 RESOLUTION 072313 -1 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO DOROTHY "DOT" HAYES, UPON HER RETIREMENT FROM THE SOCIAL SERVICES ADVISORY BOARD AFTER NINE (9) YEARS OF SERVICE WHEREAS, Dorothy "Dot" Hayes was appointed to the Social Services Advisory Board on May 11, 2004; and WHEREAS, Ms. Hayes will retire from the Social Services Advisory Board on July 31 2013, after nine (9) years and two (2) months of devoted, faithful and expert service with the County; and WHEREAS, during her appointment to the Board, Ms. Hayes continued to serve as a Chief GED Examiner for our citizens and dedicated her life to continuing education and lifelong learning for all; and WHEREAS, during the years she served on the Social Services Advisory Board she continued to be an advocate for all citizens who faced challenges due to language and educational barriers, and WHEREAS, with her calm demeanor and collaborative style, Ms. Hayes worked with the director and members of the DSS Advisory Board to promote the mission of social services in the community while earning respect and support by demonstrating an unfailing commitment in serving the citizens of Roanoke County; and Page 1 of 2 NOVA, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to DOROTHY "DoT" HAYES for more than nine (9) years of capable, loyal and dedicated service to Roanoke county; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive reti rem ent. On motion of Supervisor Flora to adopt the resolution, and carried by the following r o l l call and recorded vote: AYES: Supervisors Moore, Flora, Church, Elswick, Altizer NAYS: None A DOPY TESTE: Deborah C. Jacks (/ Clerk to the Board of Supervisors Page 2of2 AT A REGULAR MEETING FOTHE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 23 2013 RESOLUTION 072313 -2 GRANTING A WAIVER TO DAVID REDICK, TOURNAMENT CHAIRMAN FOR THE JJ REDICK CELEBRITY GOLF TOURNAMENT TO BE HELD AT BALLYHACK GOLF CLUB ON SATURDAY — AUGUST 10, 2013, UNDER SECTION 13 -23 OF THE ROANOKE COUNTY CODE TO THE PROVISIONS OF THE COUNTY'S NOISE ORDINANCE, ARTICLE II. NOISE OF CHAPTER 13. OFFENSES — MISCELLANEOUS WHEREAS, David Redick, Tournament Chairman for the JJ Redick Celebrity Golf Tournament, will be playing music outdoors on Saturday, August 10, 2013, from 6:00 p.m. until 11:30 p.m. at the Ballyhack Golf Club located at 3609 Pitzer Road, Roanoke, VA; and WHEREAS, in order to accommodate the advertised time frame and to benefit the community by raising funds to be donated to CHIP of the Roanoke Valley and the Children's Miracle Network, Mr. Redick is requesting a waiver of the County noise ordinance from 6:00 p.m. until 11:30 P.M., on Saturday August 10, 2013; and WHEREAS, Section 13 -23 of the Roanoke County Code establishes certain standards for the Board of Supervisors to grant waivers from the provision of the Roanoke County Noise Ordinance to avoid undue hardship upon consideration of certain factors set forth in sub - section (b) of Section 13 -23 and after making certain alternative findings. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: Page 1 of 2 1. That the provisions of Section 13 -21. Specific acts as noise, sub - section (5) and Section 13 -20. General prohibition of Article II. Noise be WAIVED from 6:00 p.m. until 11:30 p.m. on Saturday, August 10, 2013. 2. That this waiver is granted specifically to David Redick, Tournament Chairman for the JJ Redick Celebrity Golf Tournament for the event scheduled at the Ballyhack Golf Club on Saturday, August 10, 2013. On motion of Supervisor Altizer to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Flora, Church, Elswick, Altizer NAYS: None cc: Chief Howard B. Hall Paul M. Mahoney, County Attorney Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 23 2013 ORDINANCE 072313 -3 APPROVING AGREEMENTS BETWEEN THE COUNTY OF ROANOKE AND ROANOKE COUNTY SCHOOLS FOR USE OF SPACE ON TOWER SITES FOR COUNTY SCHOOLS RADIO EQUIPMENT AND ACCEPTING AND APPROPRIATING $600 TO THE COUNTY RADIO REPLACEMENT FUND WHEREAS, the County School Board for Roanoke County has requested the Board of Supervisors to approve agreements authorizing the installation of radio equipment on the Crowell's Gap and Ft. Lewis Mountain towers required for implementation of the school system's new digital radio system; and WHEREAS, the County School Board for Roanoke County will reimburse Roanoke County for the additional electricity and maintenance expenses at the two (2) tower sites; and WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be appropriated by ordinance; and WHEREAS, first reading of this ordinance was held on July 9, 2013, and the second reading was held on July 23, 2013. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the agreements between Roanoke County and County School Board for Roanoke County for the use of the Crowell's Gap and Ft. Lewis Mountain towers is hereby approved . Page 1 of 2 2. That the sum of $600 is hereby accepted and appropriated to the County's Radio Replacement Fund (463010) to offset costs incurred for maintaining the radio system. 3. That this ordinance shall take effect from and after the date of adoption. On motion of Supervisor Altizer to adopt the ordinance, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Flora, Church, Elswick, Altizer NAYS: None Clerk to the Board cc: Bill Hunter, Director of Communications and Information Technology Rebecca Owens, Director of Finance Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 23 2013 ORDINANCE 072313 -4 APPROPRIATING $4,256.70 TO THE CLERK OF THE CIRCUIT COURT FROM THE COMMONWEALTH OF VIRGINIA FOR FISCAL YEAR 2012/2013 FOR TECHNOLOGY TRUST FUNDS WHEREAS, Technology Trust Funds, representing fees collected by the Roanoke County Circuit Court Clerk's Office in the amount of $4,256.70 have been received from the Commonwealth of Virginia earmarked for the purpose of maintenance; and WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be appropriated by ordinance; and WHEREAS, first reading of this ordinance was held on July 9, 2013, and the second reading was held on July 23, 2013. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the sum of $4,256.70 is hereby appropriated from the Commonwealth of Virginia to the Clerk of the Circuit Court for maintenance purposes for fiscal year 2012/2013; and 2. That this ordinance shall apply to fiscal year 2012/2013. Page 1 of 2 On motion of Supervisor Church to adopt the ordinance, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Flora, Church, Elswick, Altizer NAYS: None A CORY TEs`rE: cc: Steve McGraw, Clerk of Circuit Court Rebecca Owens, Director of Finance Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 23 2013 ORDINANCE 072313 -5 APPROPRIATING $380,000 TO THE SOCIAL SERVICES BUDGET FOR FISCAL YEAR 2012 -2013 WHEREAS, The Department of Social Services receives throughout the year additional appropriations for public assistance, services delivery and administrative costs; and WHEREAS, The State has made available additional appropriations of $345,000 for adoption assistance and $35,000 for staff and operations; and WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be appropriated by ordinance; and WHEREAS, first reading of this ordinance was held on July 9, 2013, and the second reading was held on July 23, 2013. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the sum of $380,000 is hereby appropriated from the sources and for the purposes as follows: $345,000 to Adoption Subsidy (602000- 5771), $4,000 to Postage (601000 - 5210), $3,000 to Gas, Oil and Grease (601000 - 6080), $2,000 to Tires, Tubes and Parts (601000 - 6091), $1,000 to Lease of Equipment (601000 - 5410), $3,000 to Office Supplies (601000 - 6010), $2,000 to Copy Paper (601000 - 6018), $2,000 to Small Equipment &Supplies (601000- 6013), $2,000 to Stand By (601000 -1045) and $16,000 to miscellaneous Page 1 of 2 operating costs (601000 -5850) and to appropriate same revenues from the State. 2. That this ordinance shall take effect for fiscal year 2012-2013. On motion of Supervisor Church to adopt the ordinance, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Flora, Church, Elswick, Altizer NAYS: None V Vi.JVI LEI 1 V . V4+IV1 ►V Clerk to the Board cc: Joyce Earl, Director of Social Services W. Brent Robertson, Director of Management and Budget Rebecca Owens, Director of Finance Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 23 2013 ORDINANCE 072313 -6 OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA, AUTHORIZING THE ISSUANCE AND SALE OF ITS GENERAL OBLIGATION REFUNDING BOND AND APPROPRIATING ANTICIPATED UPFRONT SAVINGS OF APPROXIMATLEY $508,000 TO SOLID WASTE DEPARTMENT WHEREAS, the Board of Supervisors of the County of Roanoke, Virginia (the "County ") has determined that it is advisable to issue its general obligation refunding bond (the "Bond ") to refund all or a portion of the County's outstanding $27,410,000 General Obligation Refunding Bonds, Series 2003 (the "Refunded Bonds "); and WHEREAS, first reading of this ordinance was held on July 9, 2013, and the second reading was held on July 23, 2013; and WHEREAS, the Bond is to be issued on the terms set forth in this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. Authorization of the Bonds and Use of Proceeds The Board of Supervisors of the County (the "Board ") hereby determines that it is advisable to contract a debt and to issue and sell the Bond in the maximum principal amount of $6,503,586. The Board hereby authorizes and approves of the issuance and sale of the Bond. The County shall use the proceeds from the issuance and sale of the Bond to refund the outstanding principal amount of the Refunded Bonds and to pay all or a portion of the costs of the issuance of the Bond. It is anticipated that the upfront savings from the refunding will be $508,000 and shall be appropriated to the Solid Waste Department for the purchase of solid waste vehicles. Page 1 of 5 2. Pledge of Full Faith and Credit The full faith and credit of the County are hereby irrevocably pledged for the payment of the principal of, premium, if any, and interest on the Bond as the same become due and payable. The Board shall levy an annual ad valorem tax upon all property in the County, subject to local taxation, sufficient to pay the principal of, premium, if any, and interest on the Bond as the same shall become due for payment unless other funds are lawfully available and appropriated for the timely payment thereof. 3. Details of the Bond The Bond shall be issued on the terms set forth in the proposal of Wells Fargo dated June 28, 2013, which proposal is hereby accepted, and on such other terms as may be determined in the manner set forth in this Resolution. The Bond shall be issued in fully registered form, shall be dated the date of issuance and delivery (or such other date as may be approved by the County Administrator of the County (the "County Administrator ")), and shall be in the form of a single bond equal to its principal amount. The Board hereby authorizes the County Administrator, the Chairman of the Board (the "Chairman "), and the Vice Chairman of the Board (the "Vice Chairman "), or any of them, to approve the final terms of the Bond, including the principal amount of the Bond and the interest rate thereon; provided, however, that the principal amount of the Bond shall not exceed the amount set forth in paragraph 1 of this Resolution and the interest rate shall result in net present value debt service savings equal to at least three percent (3.0 %) of the refunded principal amount. The approval of the final terms and conditions of the Bond subject to the foregoing parameters shall be evidenced conclusively by the execution and delivery of the Bond. Page 2of5 4. Form of Bond The Bond shall be in a form approved by the Chairman or the Vice Chairman, in consultation with the County Administrator and the Director of Finance, which approval shall be evidenced by the execution and delivery thereof by the Chairman or Vice Chairman. There may be endorsed on the Bond such legend or text as may be necessary or appropriate to conform to any applicable rules and regulations of any governmental authority or any usage or requirement of law with respect thereto. 5. Appointment of Bond Registrar and Paying Agent The Board hereby authorizes and directs the County Administrator to appoint a Bond Registrar and Paying Agent for the Bond. The County Administrator may appoint a subsequent registrar and /or one or more paying agents for the Bond by giving written notice to the owner of the Bond specifying the name and location of the principal office of any such registrar or paying agent. 6. Execution of the Bond The Board hereby authorizes and directs the Chairman or Vice Chairman and the Clerk of the Board (the "Clerk ") to execute the Bond and to affix the seal of the County thereto and to deliver the Bond to the purchaser thereof upon payment of the purchase price. The manner of execution and affixation of the seal may be by facsimile, provided, however, that if the signatures of the Chairman or Vice Chairman and the Clerk are both by facsimile, the Bond shall not be valid until signed at the foot thereof by the manual signature of the Bond Registrar. 7. Non - Arbitrage and Tax Covenants Certificate The Board hereby authorizes and directs the County Administrator and such officers and agents of the County as he may designate to execute a Non - Arbitrage and Tax Covenants Certificate Page 3of5 setting forth the expected use and investment of the proceeds of the Bond and containing such covenants as may be necessary in order to comply with the provisions of the Internal Revenue Code of 1986, as amended (the "Code "), including the provisions of Section 148 of the Code and applicable regulations relating to "arbitrage bonds." The Board covenants on behalf of the County that the proceeds from the issuance and sale of the Bond will be invested and expended as set forth in the County's Non - Arbitrage and Tax Covenants Certificate, to be delivered simultaneously with the issuance and delivery of such series of Bond and that the County shall comply with the other covenants and representations contained therein. 8. Payment of Refunded Bonds (a) The Board hereby authorizes and directs the County Administrator to exercise his discretion in selecting the particular Refunded Bonds to be refunded (the "Refunded Bonds "); subject to the net debt service savings parameter set forth in paragraph 4. (b) The Board hereby authorizes and directs the County Administrator and the Director of Finance, either of whom may act, to apply the proceeds of the Bond to the redemption of the Refunded Bonds and to provide for the redemption of the Refunded Bonds. The redemption proceedings, including the giving of redemption notices to the holders of the Refunded Bonds, shall be done pursuant to the terms of the Refunded Bonds. Page 4 of 5 (c) The Board hereby authorizes the County Administrator to enter into an escrow agreement with an escrow agent to provide for the redemption of the Refunded Bonds if such escrow agreement is deemed advisable by the County Administrator. 9. Further Actions. The Board hereby authorizes and directs the Chairman, the Vice Chairman and the County Administrator and such officers and agents of the County as any of them may designate to take such further action as they deem necessary regarding the issuance and sale of the Bond and the refunding of the Refunded Bonds and all actions taken by such officers and agents in connection with the issuance and sale of the Bond are hereby ratified and confirmed. immediately. 10. Effective Date: Applicable Law. This Ordinance shall take effect On motion of Supervisor Moore to adopt the ordinance, and carried by the following roll call and recorded vote: AYES: NAYES: Supervisors Moore, Flora, Church, Elswick, Altizer None cc: Rebecca Owens, Director of Finance Page 5 of 5 Clerk to the Board of Supervisors AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 23 2013 RESOLUTION 072313 -7.a IN SUPPORT OF FULL -TIME STAFFING OF PORT OF ENTRY #1412 WHEREAS, the interconnection between freight transportation and economic development and is one of the main areas of interest for the Regional Valley - Alleghany Regional Commission; and WHEREAS, Port of Entry #1412, located at the New River Valley Airport in Pulaski County, Virginia, serves the surrounding area which includes the entire Roanoke Valley - Alleghany region; and WHEREAS, having a staffed and functional Port of Entry is vital to regional freight transportation logistics and supply chains and the regional economy; and WHEREAS, there is no other U.S. Customs and Border Protection (USCBP) within two (2) hours of the Roanoke Valley- Alleghany region; and WHEREAS, this Port of Entry serves a region covering twenty -five (25) counties and eleven (11) cities in Central, Western, Southwestern and Southside Virginia; and WHEREAS, the U.S. Customs and Border Protection support to the international community has a significant impact on freight and logistics supply chains, as well as on the local economy and requires equal international access as found throughout the U n ited States; NOW, THEREFORE, BE IT RESOLVED that the Roanoke County Board of Supervisors hereby supports full -time staffing of Port of Entry #1412 and requests that the U.S. Customs and Border Protection appoint a full -time staff person to the Port of Page 1 of 2 Entry that will allow for continued smooth functioning of the freight transportation system and future international development and commerce for the entire region. On motion of Supervisor Altizer to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Flora, Church, Elswick, Altizer NAYS: None VL.tLa%a1 u 1 1 V. VuV1.V Clerk to the Board cc: B. Clayton Goodman lll, County Administrator Page 2of2 ACTION NO. A -072 313 -7 . b ITEM NO. J -3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: July 23, 2013 Confirmation of appointments to the Capital Improvement Program (CIP) Review Committee (appointed by District); Economic Development Authority (EDA) (appointed by District) and Roanoke County Stormwater Advisory Committee (RCSWAC) Deborah C. Jacks Clerk to the Board B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. Capital Improvement Program (CIP) Review Committee (appointed by District) The one -year term of Jim Gray, who represents the Windsor Hills Magisterial District will expire on August 31, 2013. Mr. Gray has served three consecutive terms and cannot be reappointed. Supervisor Elswick has recommended the appointment of Jason B. Moretzto serve the Windsor Hills Magisterial District fora one -year term that will expire August 31, 2014. The one -year term of Gene Marrano, who represent the Cave Spring Magisterial District will expire on August 31, 2013. Mr. Marrano has served three consecutive terms and cannot be reappointed. Vice Chairman Moore has recommended the appointment of Barry Becknerto serve the Cave Spring Magisterial District fora one -year term that will expire August 31, 2014. Supervisor Church has recommended the reappointment of Christina Flippen to Page 1 of 2 represent the Catawba Magisterial District for an additional one -year term that will expire August 31, 2014. 2. Economic Development Authority (EDA) (appointed by District) Chairman Altizer has recommended the appointment of Leon McGhee to represent the Vinton Magisterial District. This is a four -year appointment and will expire on September 30, 2017. 3. Roanoke County Stormwater Management Advisory Committee (RCSAC) Supervisor Church has recommended the appointment of Michael Keen to represent the Catawba Magisterial District. There is no term limit on this appointment. VOTE: Supervisor Altizer moved to approve the staff recommendation. Motion approved. cc: W. Brent Robertson, Director of Management and Budget Paul M. Mahoney, County Attorney Jill Loope, Acting Director of Economic Development Tarek Moneir, Deputy Director of Planning David Henderson, County Engineer Page 2 of 2 Yes No Absent Ms. Moore � ❑ ❑ Mr. Flora � ❑ ❑ Mr. Church � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Altizer � ❑ ❑ cc: W. Brent Robertson, Director of Management and Budget Paul M. Mahoney, County Attorney Jill Loope, Acting Director of Economic Development Tarek Moneir, Deputy Director of Planning David Henderson, County Engineer Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 23, 2013 RESOLUTION 072313 -7 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J- CONSENT AGENDA BE IT RESOLVED by the Beard of Supervisors of Roanoke county, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for July 23, 2013 designated as Item consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 3 inclusive, as follows: 1. Approval of minutes — June 25, 2013 2. Resolution in support of full -time staffing of Port of Entry #1412 3, Confirmation of appointment to the Capital Improvement Program (CIP) Review Committee (appointed by District); Economic Development Authority (EDA) (appointed by District) and the Roanoke County Stormwater Advisory Committee (RCSWAC) On motion of Supervisor Altizer to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Flora, church, Elswick, Altizer Page 1 of 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 23 2013 RESOLUOnON 072313 -8 CERTIFYING THE CLOSED MEE"rING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2 -3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each member's knowledge: 1. only public business matters lawfully exempted From open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies; and 2. only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Altizer to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Flora, Church, Elswick, Altizer NAYS: None Clerk to the Board o Page 1 of 1